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Illinois Compiled Statutes
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SPECIAL DISTRICTS (70 ILCS 1605/) Metro-East Park and Recreation District Act. 70 ILCS 1605/1
(70 ILCS 1605/1)
Sec. 1.
Short title.
This Act may be cited as the Metro-East Park and Recreation District Act.
(Source: P.A. 91-103, eff. 7-13-99.)
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70 ILCS 1605/5
(70 ILCS 1605/5)
Sec. 5. Definitions. In this Act:
"Board" means the board of directors of the Metro-East Park and Recreation
District.
"Chief executive officer" means the chairman of the county board of a county.
"County" means Madison, St. Clair, Monroe, Clinton,
Jersey, or Macoupin County.
"District" or "Metro-East District" means the Metro-East Park and Recreation
District
created
under this Act.
"Governing body" means a county board.
"Metro-East Park and Recreation Fund" means the
fund held by the District
that is the repository for all
taxes and other
moneys raised by or for the District
under this Act.
"Metro-East region" means Madison, St. Clair, Monroe, Clinton, Macoupin, and Jersey
Counties.
"Park district" means a park district organized under the Park District Code.
(Source: P.A. 95-364, eff. 8-23-07.)
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70 ILCS 1605/10
(70 ILCS 1605/10)
Sec. 10. Creation of Metro-East Park and Recreation District.
(a) The Metro-East Park and Recreation District may be created,
incorporated,
and
managed under this Section and may exercise the powers given to the
District
under this Act.
Any county
may be included in the Metro-East District if the voters in the
county or
counties to be included in the District vote to be included in the District.
Any recreation
system or public parks system that exists within the Metro-East District
created
under this
Section shall remain in existence with the same powers and responsibilities it
had prior to
the creation of the Metro-East District. Nothing in this Section shall be
construed in any
manner to limit or prohibit:
(1) later establishment or cessation of any park or | | recreation system provided for by law; or
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(2) any powers and responsibilities of any park or
| | recreation system provided for by law.
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(b) When the Metro-East District is organized, it shall be a body corporate
and
a
political subdivision of this State, and the District shall be known as the
"Metro-East
Park and Recreation District", and in that name may sue and be sued, issue
general
revenue bonds, and impose and collect taxes or fees under this Act.
(c) The Metro-East District shall have as its primary duty the development,
operation, and maintenance of a public system of interconnecting trails and
parks
throughout the counties comprising the District. The Metro-East District shall
supplement
but shall not substitute for the powers and responsibilities of the other parks
and
recreation systems within the Metro-East District and shall have the power to
contract with
the State of Illinois, the United States government, and other parks and recreation systems as well as with the departments or agencies of any of those governmental bodies and with other public and private
entities.
(d) All counties and communities comprising the Metro-East Park and Recreation District shall make available upon written request from the District, at no cost to the District, any and all technical information and data necessary for the implementation of the District's goals.
(Source: P.A. 95-364, eff. 8-23-07.)
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70 ILCS 1605/15
(70 ILCS 1605/15)
Sec. 15. Creation of District; referendum.
(a) The governing body of a county may, by resolution, elect to create the
Metro-East
Park and Recreation District. The Metro-East District shall be established at
a referendum on the
question of the formation of the District that is submitted to the electors of
a county at
a regular election and approved by a majority of the electors voting on the
question. The
governing body must certify the question to the proper election authority,
which must
submit the question at an election in accordance with the Election Code.
The question must be submitted in substantially the following form:
Shall the Metro-East Park and Recreation District be | | created for the purposes of improving water quality; increasing park safety; providing neighborhood trails; improving, restoring, and expanding parks; providing expanded public access and access to persons with disabilities to recreational areas; preserving natural lands for wildlife; and maintaining other recreation grounds within the boundaries of the Metro-East Park and Recreation District; and shall (name of county) join any other counties in the Metro-East region that approve the formation of the Metro-East Park and Recreation District, with the authority to impose a Metro-East Park and Recreation District Retailers' Occupation Tax at a rate of one-tenth of 1% upon all persons engaged in the business of selling tangible personal property at retail in the district on gross receipts on the sales made in the course of their business for the purposes stated above, with 50% of the revenue going to the Metro-East Park and Recreation District and 50% of the revenue returned to the county from which the tax was collected?
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The votes must be recorded as "Yes" or "No"
In the proposed Metro-East District that consists of only one county, if a
majority of
the electors in that county voting on the question vote in the affirmative, the
Metro-East
District may be organized. In the proposed Metro-East District that consists
of
more than
one county, if a majority of the electors in any county proposed for inclusion
in
the District
voting on the question vote in the affirmative, the Metro-East District may be
organized
and that county may be included in the District.
(b) After the Metro-East District has been created, any county eligible for
inclusion in
the Metro-East District may join the District after the county submits the
question of
joining the District to the electors of the county at a regular election.
The county board
must
submit the question to the proper election authority, which must submit the
question at an
election in accordance with the Election Code.
The question must be submitted in substantially the following form:
Shall (name of county) join the Metro-East Park and
| | Recreation District with the authority to impose a Metro-East Park and Recreation District Retailers' Occupation Tax at a rate of one-tenth of 1% upon all persons engaged in the business of selling tangible personal property at retail in the district on gross receipts on the sales made in the course of their business, with 50% of the revenue going to the Metro-East Park and Recreation District and 50% of the revenue returned to the county from which the tax was collected?
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The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote in the affirmative,
the
county shall be included in the District.
(Source: P.A. 99-143, eff. 7-27-15.)
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70 ILCS 1605/20
(70 ILCS 1605/20)
Sec. 20. Board of directors.
(a) If the Metro-East District is created by only one county, the District
shall be
managed by a board of directors consisting of 3 members.
Two members shall be appointed by the chief executive officer, with the advice
and consent of the county board, of the county in which the District is
located,
and one member shall be appointed by the minority members of the county board
with
the advice and consent of the county board.
The first appointment shall be
made within 90
days and not sooner than 60 days after the District has been organized. Each
member of
the board so appointed shall be a legal voter in the District. The first
directors shall be
appointed to hold office for terms of one, 2, and 3 years, and until June 30
thereafter,
respectively, as determined by lot. Thereafter, successors shall be appointed
in the same
manner no later than the first day of the month in which the term of a director
expires. All terms expire if another county joins the District.
A vacancy occurring otherwise than by expiration of term shall be filled
in the same manner as the original appointment.
(b) If the Metro-East District is created by more than one county, each
county that elects to join the District shall
be represented by a certain number of board members. The board members shall
be
distributed from the counties electing to join the District as follows:
(1) The chief executive officer, with the advice and | | consent of the county board, of St. Clair county shall appoint 2 members and the minority members of the county board, with the advice and consent of the county board, shall appoint one member.
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(2) The chief executive officer, with the advice and
| | consent of the county board, of Madison County shall appoint 2 members and the minority members of the county board, with the advice and consent of the county board, shall appoint one member.
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(3) The chief executive officer, with the advice and
| | consent of the county board, of Clinton County shall appoint one member.
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(4) The chief executive officer, with the advice and
| | consent of the county board, of Jersey County shall appoint one member.
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(5) The chief executive officer, with the advice and
| | consent of the county board, of Monroe County shall appoint one member.
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(6) The chief executive officer, with the advice and
| | consent of the county board, of Macoupin County shall appoint one member.
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| The board members shall serve 3-year terms, except that board members first
appointed shall be appointed to serve terms of one, 2, or 3 years as determined
by lot,
provided that board members from counties eligible to appoint more than one
member
may not serve identical initial terms. On the expiration of the initial terms
of
appointment and on the expiration of any subsequent term, the resulting vacancy
shall be
filled in the same manner as the original appointment.
Board members shall serve until
their
successors are appointed. Board members are eligible for reappointment.
(c) No board member may hold a public office in any county within the
Metro-East District, other than the office of notary public. Board members must
be
citizens of the
United States and they must reside within the county from which they are
appointed. No
board member may receive compensation for performance of duties as a board
member.
No board member may be financially interested directly or indirectly in any
contract
entered into under this Act.
(d) Promptly after their appointment, the initial board members shall hold an
organizational meeting at which they shall elect a president and any other
officers that
they deem necessary from among their number. The members shall make and adopt
any
bylaws, rules, and regulations for their guidance and for the government of the
parks,
neighborhood trails, and recreational grounds and facilities that may be
expedient and not
inconsistent with this Act.
(e) Board members shall have the exclusive control of the expenditures of all
money collected to the credit of the Metro-East Park and Recreation Fund
created pursuant
to Section 35, and of the supervision, improvement, care, and custody of public
parks,
neighborhood trails, recreational facilities, and grounds owned, maintained, or
managed
by the Metro-East District. All moneys received for those purposes shall be
deposited in
the
Metro-East Park and Recreation Fund. The board shall have power to purchase or
otherwise secure ground to be used for parks, neighborhood trails, recreational
facilities,
and grounds; shall have power to appoint suitable persons to maintain the
parks,
neighborhood trails, recreational grounds, and facilities and to administer
recreational
programs and to fix their compensation; and shall have power to remove those
appointees.
The board shall keep accurate records of all its proceedings and actions and
shall comply with the provisions of the
Open Meetings Act and the Freedom of Information Act.
(Source: P.A. 95-364, eff. 8-23-07.)
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70 ILCS 1605/25
(70 ILCS 1605/25)
Sec. 25.
Powers and duties.
(a) The Metro-East Park and Recreation District has the power to:
(1) issue bonds, notes, or other obligations for any | | of the purposes of the District, and to refund the bonds, notes, or obligations, as provided in Section 40;
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(2) contract, as provided by law, with public and
| | private entities or individuals both within and without the State and contract with the United States or any agency thereof in furtherance of any of the purposes of the District;
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(3) own, hold, control, lease, purchase from willing
| | sellers, contract, and sell any and all rights in land, buildings, improvements, and any and all other real, personal, or mixed property, provided that real property within a county may be purchased by the District only if a majority of the board members from the county in which the real property is located consent to the acquisition;
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(4) receive property, both real and personal, or
| | money that has been granted, donated, devised, or bequeathed to the District;
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(5) establish and collect reasonable charges for the
| | use of the facilities of the District; and
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(6) maintain an office and staff at any place or
| | places in this State that it may designate and conduct any business and operations that are necessary to fulfill the District's duties under this Section.
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(b) When a public highway, street, or road extends into or through a public
trail,
trail area, or park area of the Metro-East District, or when a public highway,
street, or road
forms all or part of a suitable connection between 2 or more public trails,
trail areas, or
park areas within the Metro-East District, and it is advisable by the board to
make alterations
in the route or width of the highway or to grade, drain, pave, or otherwise
improve the
highway, the board may enter into agreements, consistent with the purposes of
the Metro-East District, with the public agency in control of the portion of
the highway,
street, or
road that lies within any, or forms any part of, a connecting link to and
between any
public trail, trail area, or park area of the Metro-East District. Any
agreement
with any
public agency must be consistent with the provisions of the Intergovernmental
Cooperation Act.
This subsection does not alter the legal status of the
highway, street, or
road in any way.
(c) The Metro-East District does not have any power of eminent domain.
(Source: P.A. 91-103, eff. 7-13-99.)
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70 ILCS 1605/30 (70 ILCS 1605/30)
(Text of Section before amendment by P.A. 103-592 )
Sec. 30. Taxes.
(a) The board shall impose a
tax upon all persons engaged in the business of selling tangible personal
property, other than personal property titled or registered with an agency of
this State's government,
at retail in the District on the gross receipts from the
sales made in the course of business.
This tax
shall be imposed only at the rate of one-tenth of one per cent.
This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel shall be excluded from tax. The board must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District.
The tax imposed by the Board under this Section and
all civil penalties that may be assessed as an incident of the tax shall be
collected and enforced by the Department of Revenue. The certificate
of registration that is issued by the Department to a retailer under the
Retailers' Occupation Tax Act shall permit the retailer to engage in a business
that is taxable without registering separately with the Department under an
ordinance or resolution under this Section. The Department has full
power to administer and enforce this Section, to collect all taxes and
penalties due under this Section, to dispose of taxes and penalties so
collected in the manner provided in this Section, and to determine
all rights to credit memoranda arising on account of the erroneous payment of
a tax or penalty under this Section. In the administration of and compliance
with this Section, the Department and persons who are subject to this Section
shall (i) have the same rights, remedies, privileges, immunities, powers, and
duties, (ii) be subject to the same conditions, restrictions, limitations,
penalties, and definitions of terms, and (iii) employ the same modes of
procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f,
1i, 1j,
1k, 1m, 1n,
2,
2-5, 2-5.5, 2-10 (in respect to all provisions contained in those Sections
other than the
State rate of tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions
relating to
transaction returns and quarter monthly payments, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e,
5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
Retailers' Occupation Tax Act and the Uniform Penalty and
Interest Act as if those provisions were set forth in this Section.
Persons subject to any tax imposed under the authority granted in this
Section may reimburse themselves for their sellers' tax liability by
separately stating the tax as an additional charge, which charge may be stated
in combination, in a single amount, with State tax which sellers are required
to collect under the Use Tax Act, pursuant to such bracketed schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made under this
Section to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order to be drawn for
the amount specified and to the person named in the notification from the
Department. The refund shall be paid by the State Treasurer out of the
State Metro-East Park and Recreation District Fund or the Local Government Aviation Trust Fund, as appropriate.
(b) If a tax has been imposed under subsection (a), a
service occupation tax shall
also be imposed at the same rate upon all persons engaged, in the District, in
the business
of making sales of service, who, as an incident to making those sales of
service, transfer tangible personal property within the District
as an
incident to a sale of service.
This tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax may not be imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel shall be excluded from tax. The board must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District.
The tax imposed under this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by the
Department of Revenue. The Department has
full power to
administer and enforce this subsection; to collect all taxes and penalties
due hereunder; to dispose of taxes and penalties so collected in the manner
hereinafter provided; and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty hereunder.
In the administration of, and compliance with this subsection, the
Department and persons who are subject to this paragraph shall (i) have the
same rights, remedies, privileges, immunities, powers, and duties, (ii) be
subject to the same conditions, restrictions, limitations, penalties,
exclusions, exemptions, and definitions of terms, and (iii) employ the same
modes
of procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a place of
business in this State shall mean the District), 2a, 2b, 2c, 3 through
3-50 (in respect to all provisions therein other than the State rate of
tax), 4 (except that the reference to the State shall be to the District),
5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to
the extent indicated in that Section 8 shall be the District), 9 (except as
to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the
reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference to the State
shall mean the District), Sections 15, 16,
17, 18, 19 and 20 of the Service Occupation Tax Act and
the Uniform Penalty and Interest Act, as fully as if those provisions were
set forth herein.
Persons subject to any tax imposed under the authority granted in
this subsection may reimburse themselves for their serviceman's tax liability
by separately stating the tax as an additional charge, which
charge may be stated in combination, in a single amount, with State tax
that servicemen are authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the warrant to be drawn
for the amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State Treasurer out
of the
State Metro-East Park and Recreation District Fund or the Local Government Aviation Trust Fund, as appropriate.
Nothing in this subsection shall be construed to authorize the board
to impose a tax upon the privilege of engaging in any business which under
the Constitution of the United States may not be made the subject of taxation
by the State.
(c) Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex
officio,
as trustee, all taxes and penalties collected under this Section to be
deposited into the
State Metro-East Park and Recreation District Fund, which
shall be an unappropriated trust fund held outside of the State treasury. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. The Department shall make this certification only if the Metro East Park and Recreation District imposes a tax on real property as provided in the definition of "local sales taxes" under the Innovation Development and Economy Act. After the monthly transfer to the STAR Bonds Revenue Fund, on
or before the 25th
day of each calendar month, the Department shall prepare and certify to the
Comptroller the disbursement of stated sums of money
pursuant to Section 35 of this Act to the District from which retailers have
paid
taxes or penalties to the Department during the second preceding
calendar month. The amount to be paid to the District shall be the amount (not
including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020) collected under this Section during the second
preceding
calendar month by the Department plus an amount the Department determines is
necessary to offset any amounts that were erroneously paid to a different
taxing body, and not including (i) an amount equal to the amount of refunds
made
during the second preceding calendar month by the Department on behalf of
the District, (ii) any amount that the Department determines is
necessary to offset any amounts that were payable to a different taxing body
but were erroneously paid to the District, (iii) any amounts that are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the District, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection. Within 10 days after receipt by the
Comptroller of the disbursement certification to the District and the Tax Compliance and Administration Fund provided for in
this Section to be given to the Comptroller by the Department, the Comptroller
shall cause the orders to be drawn for the respective amounts in accordance
with directions contained in the certification.
(d) For the purpose of determining
whether a tax authorized under this Section is
applicable, a retail sale by a producer of coal or another mineral mined in
Illinois is a sale at retail at the place where the coal or other mineral mined
in Illinois is extracted from the earth. This paragraph does not apply to coal
or another mineral when it is delivered or shipped by the seller to the
purchaser
at a point outside Illinois so that the sale is exempt under the United States
Constitution as a sale in interstate or foreign commerce.
(e) Nothing in this Section shall be construed to authorize the board to
impose a
tax upon the privilege of engaging in any business that under the Constitution
of the United States may not be made the subject of taxation by this State.
(f) An ordinance imposing a tax under this Section or an ordinance extending
the
imposition of a tax to an additional county or counties
shall be certified
by the
board and filed with the Department of Revenue
either (i) on or
before the first day of April, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next following
the filing; or (ii)
on or before the first day of October, whereupon the
Department shall proceed to administer and enforce the tax as of the first
day of January next following the filing.
(g) When certifying the amount of a monthly disbursement to the District
under
this
Section, the Department shall increase or decrease the amounts by an amount
necessary to offset any misallocation of previous disbursements. The offset
amount shall be the amount erroneously disbursed within the previous 6 months
from the time a misallocation is discovered.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
(Text of Section after amendment by P.A. 103-592 ) Sec. 30. Taxes. (a) The board shall impose a tax upon all persons engaged in the business of selling tangible personal property, other than personal property titled or registered with an agency of this State's government, at retail in the District on the gross receipts from the sales made in the course of business. This tax shall be imposed only at the rate of one-tenth of one per cent. This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel shall be excluded from tax. The board must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed by the Board under this Section and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department of Revenue. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this Section. The Department has full power to administer and enforce this Section, to collect all taxes and penalties due under this Section, to dispose of taxes and penalties so collected in the manner provided in this Section, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this Section. In the administration of and compliance with this Section, the Department and persons who are subject to this Section shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained in those Sections other than the State rate of tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions relating to transaction returns and quarter monthly payments, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and the Uniform Penalty and Interest Act as if those provisions were set forth in this Section. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their sellers' tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracketed schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the State Metro-East Park and Recreation District Fund or the Local Government Aviation Trust Fund, as appropriate. (b) If a tax has been imposed under subsection (a), a service occupation tax shall also be imposed at the same rate upon all persons engaged, in the District, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the District as an incident to a sale of service. This tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax may not be imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel shall be excluded from tax. The board must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The Department has full power to administer and enforce this subsection; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the District), 2a, 2b, 2c, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the District), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the District), 9 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the District), Sections 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the State Metro-East Park and Recreation District Fund or the Local Government Aviation Trust Fund, as appropriate. Nothing in this subsection shall be construed to authorize the board to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. (b-5) If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. (c) Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the State Metro-East Park and Recreation District Fund, which shall be an unappropriated trust fund held outside of the State treasury. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. The Department shall make this certification only if the Metro East Park and Recreation District imposes a tax on real property as provided in the definition of "local sales taxes" under the Innovation Development and Economy Act. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money pursuant to Section 35 of this Act to the District from which retailers have paid taxes or penalties to the Department during the second preceding calendar month. The amount to be paid to the District shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020) collected under this Section during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including (i) an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the District, (ii) any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the District, (iii) any amounts that are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the District, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection. Within 10 days after receipt by the Comptroller of the disbursement certification to the District and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with directions contained in the certification. (d) For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer of coal or another mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or another mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce. (e) Nothing in this Section shall be construed to authorize the board to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State. (f) An ordinance imposing a tax under this Section or an ordinance extending the imposition of a tax to an additional county or counties shall be certified by the board and filed with the Department of Revenue either (i) on or before the first day of April, whereupon the Department shall proceed to administer and enforce the tax as of the first day of July next following the filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax as of the first day of January next following the filing. (g) When certifying the amount of a monthly disbursement to the District under this Section, the Department shall increase or decrease the amounts by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
70 ILCS 1605/35
(70 ILCS 1605/35)
Sec. 35.
Allocation of moneys collected.
The taxes authorized by Section
30 of this Act shall be allocated as follows:
(1) Fifty percent of the amounts collected from each county shall be
returned to
the Metro-East District for distribution by the District to each respective
county for park and recreation purposes, except that not less than 50% of
the amount returned to the
county shall
be allocated for distribution annually to park districts and municipal park and
recreation departments within the county in the form of
grants.
Each county in the District shall establish
a grant commission of not less than 3 members with equal representation from
the county board and municipalities and park districts in the county. The
grant commission shall award grants to park districts and municipalities for
park and recreation purposes.
(2) Fifty percent of the amounts collected from each county shall be
retained by
the District for deposit by the District into the Metro-East Park and
Recreation District Fund.
(Source: P.A. 91-103, eff. 7-13-99.)
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70 ILCS 1605/40
(70 ILCS 1605/40)
Sec. 40.
Bonds.
The board of the District created under this Act may
issue and sell revenue bonds, payable from the revenue derived from
taxes imposed under Section 30, for any of the purposes enumerated in this Act
or for the purpose of refunding
any revenue bonds
theretofore issued from time to time when considered necessary or
advantageous in the public interest. These bonds shall be authorized by
an ordinance without submission thereof to the electors of the
District, shall mature at any time not to exceed 40 years from the date
of issue, shall bear any rate of interest not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract,
that the board may
determine, and may be sold by the board in any manner
that it deems best in the public interest. However, the bonds shall be
sold at any price that the interest cost of the proceeds therefrom will
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
based on the average maturity of the bonds and computed
according to standard tables of bond values. No member of the board
shall have any personal economic interest in any
bonds issued in accordance with this Section.
The board of the District, when availing
itself of the provisions of this Section, shall adopt an ordinance
describing in a general way the purposes for which the bonds will be issued.
The ordinance shall fix the amount of revenue bonds proposed
to be issued, the maturity, interest rate, and all details in respect
thereof, including any provision for redemption prior to maturity, with
or without premium, and upon any notice that may be provided by the
ordinance.
Revenue bonds issued under this Section shall be signed by the
chairman and secretary of the board or any other officers that the board
may by ordinance direct to sign the bonds, and shall be payable from
revenue derived from taxes imposed under Section 30. These
bonds may not in any event constitute an indebtedness of the
District within the meaning of any constitutional provision or
limitation. It shall be plainly written or printed on the face of each
bond that the bond has been issued under the provisions of this Section,
that the bond, including the interest thereon, is payable from the
revenue pledged to the payment thereof, and that it does not constitute
an indebtedness or obligation of the District within the
meaning of any constitutional or statutory limitation or provision. No
holder of any such revenue bond may compel any exercise of the taxing
power of the District to pay the bond or interest thereon.
The District may not issue any bonds under this Section unless a public
hearing, with adequate notice to the public, is held prior to the issuance
of the bonds. Notice of the hearing giving the purpose, time, and place of
the hearing shall be published at least once, not more than 30 nor less
than 15 days before the hearing, in one or more newspapers published in
the District.
(Source: P.A. 91-103, eff. 7-13-99.)
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70 ILCS 1605/45
(70 ILCS 1605/45)
Sec. 45.
Report.
The board shall, by the end of the District's fiscal
year, submit a financial report to the State Comptroller.
(Source: P.A. 91-103, eff. 7-13-99.)
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70 ILCS 1605/900
(70 ILCS 1605/900)
Sec. 900.
(Amendatory provisions; text omitted).
(Source: P.A. 91-103, eff. 7-13-99; text omitted.)
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70 ILCS 1605/999
(70 ILCS 1605/999)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 91-103, eff. 7-13-99.)
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